Culpable homicide not amounting murder under section-a 304b 304Ac 302d 376Indian Penal Code (IPC)
Section 304A Causing death negligence
1[304A
Causing death negligence —Whoever causes death any person
doing any rash negligent act not amounting culpable homicide
shall punished with imprisonment either description for term
may extend two years with fine with both
CLASSIFICATION OFFENCE
Punishment—Imprisonment for years fine
both—Cognizable—Bailable—Triable Magistrate first
class—Non-compoundable
Comments
Automobile accidents
there accident because
negligence gateman keeping gate open and inviting
vehicles pass driver bus cannot held guilty
negligence; Hussain State Andhra Pradesh AIR 1972 685
Distinction between rash and negligent act
appellant was charged with offence
under section 304A for causing death one contact with
electrically charged copper wire had fixed back
his house with view prevent entry intruders into his
latrine was held that voltage current passing through the
naked wire being high enough lethal there could dispute
that charging with current that voltage was rash act done
reckless disregard serious consequences people coming into
contact with for accused solely responsible under
section 304A; Cherupin Gregory State Bihar 1964 (1) 138:
AIR 1965 205
Scope
order impose criminal liability
accused must found fact that collusion was entirely
mainly due rashness negligence; Munile Sao State Bihar
(1997) Crimes 200 (Pat) .......

Cadaveric spasm seen after hoursb After hoursc after hoursd after hourse immediately after deathcadeveric spasm- this condition characterized stiffening
muscles immediately after death without being preceded stage
primary relaxation therefore often called instanteneous rigor
The penomenon quiet conditions necessary for its
development are-1 Somatic death must occur with extremely rapidity2 muscles must physical emergency that time.......

following sections IPC concerned with dowry death 300b 302c 304Ad 304BIndian Penal Code (IPC)
Section 304B Dowery death
1[304B
Dowry death —(1) death woman caused any burns
bodily injury occurs otherwise than under normal circumstances within
seven years her marriage and shown that soon before her death
she was subjected cruelty har­assment her husband any
relative her husband for connection with any demand for
dowry such death shall called “dowry death” and such husband
relative shall deemed have caused her death
Explanation
For purpose this sub-section “dowry”
shall have same meaning section Dowry Prohibition
Act 1961 (28 1961)
(2) Whoever commits dowry death shall
punished with imprison­ment for term shall not less than
seven years but may extend imprisonment for life
CLASSIFICATION OFFENCE
Punishment—Imprisonment not less than
years but may extend imprisonment for
life—Cognizable—Non-bailable—Triable Court
Session—Non-compoundable
COMMENTS
Applicability
was argued that husband any his
relative could guilty offence only she directly
participated actual commission offence This contention
was rejected Andhra Pradesh High Court observed that its
real import section 304B Indian Penal Code would applicable
cruelty harassment was inflicted husband any his
relative for connection with demand for dowry immediately
preceding death bodily injury burning short she should
have died abnormal circumstances within seven years marriage
such circumstances husband relative case may
will deemed have caused her death and will liable
punishment; Vadde Rama Rao State Andhra Pradesh 1990 1666
Burden Proof
prosecution under section 304B Indian
Penal Code cannot escape from burden proof that harassment
cruelty was related demand for dowry and such was caused “soon
before her death” word “dowry” has understood
defined section Dowry Prohibition Act 1961 Thus there are
three occasions related dowry before marriage time
marriage and unending period customary payment connection
with birth child other ceremonies not involved within
ambit “dowry”; Satvir Singh State Punjab AIR 2001 2828:
(2001) SCC 633
Dowry
(i) evidence revealed that
accused—husband killed deceased—wife for not satisfying his dowry demand
but nothing record show involvement co-accused in-laws with
the offence committed accused co-accused in-laws not guilty
offence under sections 304B; Patil Paresh Kumar Jayanti Lal State
Gujarat 2000 223 (Guj)
(ii) parties were married 24-5-1962
After staying matrimonial home for two months she returned
her parents’ house and told them that her husband wanted television
set and fridge Her father gave her sum 000 and she left
for matrimonial home Her husband again demanded sum 000
for purchasing plot Thereafter husband took his wife her
parents’ home saying that would not take her back unless sum
000 was paid him After one year took her back but did not
give demand for 000 Soon thereafter she left for her
parents’ home and came back with sum 000 with promise that
rest amount would paid later her husband’s home
she died strangulation trial court found accused guilty The
death deceased took place within seven years marriage and
persistent demands dowry were made her and she died under
mysterious circumstances trial court framed charge under section
304B Supreme Court held that ground for quashing charge was
made out; Nem Chand State Haryana (1994) Crimes 608 (SC)
Essential ingredients
attract provisions section 304B
one main ingredients offence required
established that “soon before her death” she was subjected cruelty
and harassment “in connection with demand dowry”; Prema Rao
Yadla Srinivasa Rao AIR 2003
Expression ‘soon before her death’: meaning
expression ‘soon before her death’ used
substantive section 304B and section 113B Evidence
Act present with idea proximity text definite period has
been indicated and expression ‘soon before her death’ not
defined determination period can come within term
‘soon before’ left determined courts depending upon
facts and circumstances each case Suffice however indicate that
expression ‘soon before would normally imply that interval
should not much between concerned cruelty harassment and
death question There must existence proximate and live-link
between effect cruelty based dowry demand and concerned
death alleged incident cruelty remote time and has become
stale enough not disturb mental equilibrium woman concerned
would consequence; Kaliyaperumal State Tamil Nadu AIR
2003 3828 See also Yashoda State Madhya Pradesh (2004) SCC
Presumption: Applicability
(i) presumption shall raised only proof following essentials:—
(1) question before court must whether accused has committed dowry death woman
(2) woman was subjected cruelty harassment her husband his relatives
(3) Such cruelty harassment was for connection with any demand for dowry
(4) Such cruelty harassment was soon before her death
Kaliyaperumal State Tamil Nadu AIR 2003 3828
(ii) dowry death cases and most such
offences direct evidence hardly available and such cases usually
proved circumstantial evidence This section well section
113B Evidence Act enact rule presumption death
occurs within seven years marriage suspicious circumstances This
may caused burns any other bodily injury Thus
obligatory part prosecution show that death occurred
within seven years marriage prosecution would fail
establish that death did not occur within seven years marriage this
section will not apply; Ratan Lal State Madhya Pradesh 1994 Cri
1684 See also Satyanandam Public Prosecutor High Court
AIR 2004 1708
Section 304B and Section 498A Distinction
Section 304B substantive provision
creating new offence and not merely provision effecting change
procedure for trial pre-existing substantive offence
consequence accused cannot tried and punished for offence
dowry death provided section 304B with mini­mum sentence seven
years’ imprisonment for act done them prior creation
new offence dowry death; Soni Dev­rajbhai Babubhai State
Gujarat 1991 (313) (SC)
Scope
(i) perusal section 304B clearly shows
that married woman dies otherwise than under normal circumstances
within seven years her marriage and shown that soon before her
death she was subjected cruelty harassment her husband any
relative her husband connection with demand for dowry such death
shall called “dowry death” and such husband relative shall
deemed have caused death conditions precedent for
establishing offence under this section follows:
(a) that married woman had died otherwise
than under normal circumstances; (b) such death was within seven years
her marriage; and (c) prosecution has established that there was
cruelty and harassment connection with demand for dowry soon before
her death; Baljit Singh State Haryana AIR 2004 1714: (2004)
SCC 122
(ii) Offence under section 304B Indian
Penal Code triable Court Session cognizable and
non-bailable offence minimum punishment for offence seven
years imprisonment may extend life imprisonment Section 304B
applies not only death caused her husband in-laws but also
death occurs unnaturally whoever might have caused section
will apply whenever occurrence death preceded cruelty
harassment husband in-laws for dowry and death occurs unnatural
circumstances may emphasised that occurrence death such
circumstances enough though death might not have been fact caused
husband in-laws Thus intention behind section
fasten death husband in-laws though they did not fact
caused death Thus fiction has been created because
these circumstances misery and agony created thereby compels
the unfortunate married woman end her life; Premwati State
Uttar Pradesh 1991 263
Unnatural death
In-laws insisted dowry demands one married
young woman Ultimately appeared that she was done death and her
body was cremated without sending any information her parents any
relatives Supreme Court held that was natural death there
was need for appellants act such unnatural manner and
cremate body great and unholy haste without even informing
parents result was unnatural death either homicidal
suicidal But even assuming that case suicide even then
would death had occurred unnatural circumstances Even
such case section 304B attracted and this position not
disputed Therefore prosecution has established that appellants
have committed offence punishable under section 304B beyond all
reasonable doubts; Shanti State Haryana AIR 1991 1226 .......

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